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26.1.2008 |
EN |
Official Journal of the European Union |
C 22/21 |
Reference for a preliminary ruling from the Conseil d'État (Belgium) lodged on 24 October 2007 — Association Générale de l'Industrie du Médicament ASBL, Bayer SA, Servier Benelux SA, Janssen Cilag SA, Pfizer SA v Belgian State — Intervener: Sanofi-Aventis Belgium SA
(Case C-471/07)
(2008/C 22/40)
Language of the case: French
Referring court
Conseil d'État
Parties to the main proceedings
Applicants: Association Générale de l'Industrie du Médicament ASBL, Bayer SA, Servier Benelux SA, Janssen Cilag SA, Pfizer SA
Defendant: Belgian State
Questions referred
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1. |
Is the review of macro-economic conditions referred to in Article 4(1) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems (1) to be understood as meaning only review as to whether healthcare expenditure is manageable, or must it also extend to macro-economic conditions in the pharmaceutical industry sector whose products are liable to be made subject to a price freeze? |
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2. |
May the review of macro-economic conditions referred to in Article 4(1) of Council Directive 89/105/EEC of 21 December 1988, cited above, be based on a general trend or trends, such as, for example, ensuring balance in healthcare, or must it be based on more specific criteria? |
(1) OJ L 40 of 11.2.1989, p. 8.